39-71-522. Inspection of construction sites -- public policy -- penalty. - Montana Statutes

     39-71-522. Inspection of construction sites -- public policy -- penalty. (1) In recognition of the benefit of fair competition among business competitors and the public policy of this state providing for enforcement of workers' compensation insurance coverage requirements, the legislature finds that it is reasonable to allow access by authorized employees of the department onto construction sites for the purpose of determining whether workers are appropriately covered by workers' compensation insurance or a valid exemption from insurance coverage.
     (2) In order to determine if proper workers' compensation insurance coverage is in place or if a valid exemption is held by a worker present on a construction site, authorized employees of the department may enter onto any construction site for which a construction permit is required or has been issued.
     (3) Upon presentation of proper credentials, department employees must be admitted to a construction site to:
     (a) gather information relating to compliance with the coverage requirements of this chapter; and
     (b) when appropriate, issue a notice of violation to a person who is in violation of 39-71-419.
     (4) This section does not authorize the department's employees to engage in a breach of the peace. The department may request the assistance of appropriate local law enforcement agencies to peaceably enter a construction site.
     (5) A person who purposely or knowingly restricts the access to a construction site by a credentialed department employee or who obstructs the employee in the performance of the employee's duties under this section commits the offense of obstruction of a public servant as provided in 45-7-302.
     (6) As used in this section, the following definitions apply:
     (a) "Construction permit" means any permit that can be issued pursuant to Title 50, chapter 60, and includes:
     (i) a boiler permit;
     (ii) a building permit;
     (iii) an electrical permit;
     (iv) an elevator permit;
     (v) a mechanical permit; or
     (vi) a plumbing permit.
     (b) "Construction site" means any parcel of real property where work is being performed for which a construction permit is required or has been issued.

     History: En. Sec. 1, Ch. 48, L. 2007.